Environment Protection Authority v Forestry Corporation of NSW: Amici Curiae and Restorative Environmental Justice

Abstract

In Environment Protection Authority v Forestry Corporation of NSW, the New South Wales Land and Environment Court granted a community organisation leave to participate as amicus curiae in a sentencing hearing for an environmental offence, citing restorative justice as part of the wider context for doing so. I argue that while amicus curiae participation may be valuable in sentencing hearings, it is structurally incompatible with restorative justice due to the absence of voluntariness. It also fails to realise core restorative benefits, including dialogue, innovative solutions, and a victim-centred frame. The analysis concludes that these benefits may be more effectively realised through established restorative justice mechanisms, supported by education, costs assistance, holistic conceptions of environmental harm, and stronger political and legislative frameworks.